South Dakota Birth Injury Lawyers

South Dakota Medical Liability/Malpractice Statutes of Limitation

All states have set deadlines for when a patient may file a civil claim, known as statutes of limitation, for medical liability and malpractice claims. The majority of the states have special provisions regarding the time limits for minors to file medical liability and malpractice claims. Twenty-two states have special provisions regarding foreign objects.

S.D. Codified Laws Ann. §15-2-14.1 Two years from act or omission. Minors under age 18: the time of the person's minority is not a part of the time limited for the commencement of the action. The period within which the action shall be brought cannot be extended in any case longer than one year after reaching majority.

South Dakota Medical Liability/Medical Malpractice Laws

Damage Award Limit or Cap

§21-3-11. The total general damages which may be awarded may not exceed the sum of $500,000. No limitation on the amount of special damages which may be awarded.

§21-3-2. Punitive damages in discretion of jury.

Limits on Attorney Fees

No limitations.

Periodic Payments

§21-3A-1 et seq. A party to the action must elect within 120 days after service of the complaint. In all cases covered by this chapter in which future damages are payable in periodic installments, the liability for payment of any installments for medical or other costs of health care or noneconomic loss not yet due at the death of a person entitled to receive these benefits terminates upon the death of that person. The liability for payment of any other installments or portions thereof not yet due at the death of the person entitled to receive them likewise terminates except as provided herein.

Patient Compensation or Injury Fund

None provided.

Medical or Peer Review Panels

§36-4-25 et seq. Immunity and confidentiality of professional committees